Former Bixby Man Pleads Guilty In Creek Nation Cigarette Tax Investigation

A former Bixby resident and former Creek Nation employee, Michael Wisner II, 40, pleaded guilty to a charge of conspiracy in federal court in Muskogee Monday morning. 

Federal prosecutors accused Wisner of conspiring with a tobacco wholesaler to sell cigarettes in Creek Nation smoke shops at an illegally low tax rate.

The charge stemmed from an investigation by the ATF and FBI. 

The U.S. Attorney's Office in Muskogee issued the following statement.

The Information alleges that from on or about June, 2008, to on or about December, 2009, in the Eastern District of Oklahoma and elsewhere, the defendant, knowingly and wilfully conspired with other persons known and unknown to the United States Attorney, transmitted or caused to be transmitted by means of a wire communication or the United States Mail, communication for the purpose to defraud the United States, the State of Oklahoma and the National Association of Attorneys General of over $2.5 million in taxes and fees on the receipt, possession, sale and distribution of cigarettes under the Master Settlement Agreement, (MSA), all in order to obtain money by means of false and fraudulent pretenses, representations and promises.  In addition, the defendant knowingly made false representations while under oath before a grand jury in the Eastern District of Oklahoma.

Last week, a federal judge dismissed charges against another former Creek Nation employee accused in the same case. 

U.S. District Judge James Payne issued an order Friday dismissing charges against Edward Warrington, a former warehouse manager for the tribe's Trade and Commerce Authority.

The charge was dismissed at the request of federal prosecutors.

The Associated Press contributed to this story.